Ex Parte Christiansen et al - Page 8



          Appeal No. 2004-2153                                                        
          Application No. 09/923,510                                                  

          Accordingly, the decision of the examiner to reject claims                  
          9, 10, 12 through 14 and 22 through 25 of the present application           
          under 35 U.S.C. § 103(a) is reversed.                                       
          In addition to the foregoing, we REMAND this application to                 
          the examiner for a decision on the record as to whether or not a            
          rejection of any of claims 9, 10, 12 through 14 and 22 through 25           
          would be appropriate based on a somewhat different consideration            
          of the combined teachings of Willebrand and Reichman. More                  
          specifically, we point the examiner to the disclosure in                    
          Willebrand (e.g., columns 12-15) regarding the use of a separate            
          wavelength for transmitting network status, control, and                    
          management information over free-space links (24) and,                      
          particularly, the disclosure at column 13, line 65 through column           
          15, line 10. We first ask the examiner to consider whether the              
          disclosure at column 13, line 65 through column 14, line 25 of              
          Willebrand (wherein unique identifiers for the various head                 
          stations and separate addressing of each link head station are              
          discussed in the context of status, control, and management                 
          information communication) actually suggests the use of data                
          packets and control packets time division multiplexed into a                



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